[ compiled answer ]
law as at 14 Aug 2026 · settled
Does exclusivity alone destroy an agent's independent status under the India–US treaty?
The compiled answer
No. Article 5(5)'s carve-back is CONJUNCTIVE: independent status is lost only where the agent's activities are devoted wholly or almost wholly to the enterprise AND the agent–enterprise dealings are not at arm's length. Near-exclusive devotion with arm's-length dealings leaves independence intact — a deliberate departure from the OECD pattern.
Pinpoint
Article 5(5), India–US DTAA (1990), second sentence
String-verified quote
“devoted wholly or almost wholly on behalf of that enterprise and the transactions between the agent and the enterprise are not made under arm's-length conditions”
source: provision:IN-US.ART5 — verified at load; a quote that stops matching its source is a compile error
Computed by a deterministic engine over compiled law — no generative model in the evaluation path. JSON twin: /t/independent_agent_carve_back_india_usa.json · Ask with YOUR facts: GET /compute?lookup=… · MCP: POST https://lrlabs.ai/mcp (lookup_compiled_rule)